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Full-Text Articles in Torts
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Marquette Law Review
There is a gap in tort recovery for many hazardous release victims. Hazardous spill victims receive different damage compensation based solely upon the type of hazardous substance released, with oil spill victims benefitting from a number of statutory damage recovery mechanisms that victims of other type of hazardous substance releases do not receive. Specifically, those injured by oil spills receive interim payments and recover for their economic loss. Yet, many victims injured by non-oil hazardous spills will incur economic harm but will not receive compensation because of a prohibition on recovery for economic loss absent accompanying physical injury or private …
Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg
Negligent Infliction Of Emotional Distress: A Proposal For A Consistent Theory Of Tort Recovery For Bystanders And Direct Victims, Julie A. Greenberg
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
The Distributive Foundation Of Corrective Justice, Hanoch Dagan
The Distributive Foundation Of Corrective Justice, Hanoch Dagan
Michigan Law Review
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott
Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott
Michigan Law Review
The plaintiff, as trustee in bankruptcy of the insured, sued the defendant insurer to recover damages resulting from a judgment entered against the insured in a personal injury suit. This judgment subjected the insured to a liability of 89,000 dollars in excess of the 10,000 dollar automobile liability_ coverage carried with the insurer. The insurer, pursuant to its policy, had undertaken the insured's defense and had failed, allegedly in bad faith, to settle the suit for an amount within the limits of its coverage. Before judgment was entered in the personal injury suit the insured was insolvent; six months following …
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner
Michigan Law Review
Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter …
Torts - Nuisance - Personal Annoyance As Sole Injury, Michael Scott
Torts - Nuisance - Personal Annoyance As Sole Injury, Michael Scott
Michigan Law Review
Several thousand sales slips, mistakenly printed to bear plaintiff's telephone number, were supplied to the defendant store and were circulated widely by the latter's employees incident to normal sales transactions. Calls from defendant's customers soon burdened plaintiff's telephone, and despite numerous complaints by plaintiff over a two-year period, defendant refused or neglected to terminate use of the incorrect slips. On appeal from judgment for plaintiff in a suit for damages, held, affirmed. Defendant's acts resulted in an actual invasion of plaintiff's right to enjoy her property without unreasonable interference. Damages for personal annoyance and inconvenience alone are allowable in …
Restitution - Waiver Of Tort And Suit In Assumpsit - Amount Of Recovery Where There Has Been A Sale, Charles B. Renfrew S.Ed.
Restitution - Waiver Of Tort And Suit In Assumpsit - Amount Of Recovery Where There Has Been A Sale, Charles B. Renfrew S.Ed.
Michigan Law Review
In a prior action one of the defendants obtained a judgment against the plaintiff. The present action for conversion was brought because of an allegedly irregular execution sale of plaintiff's business property under that judgment. The trial court granted defendants' motion to dismiss on the ground that the action was barred by the statute of limitations. On appeal, held, affirmed. The applicable statute of limitations was not tolled by fraudulent concealment and plaintiff, having elected his remedy in tort, was not entitled to a trial in an action of assumpsit on the theory of a contract implied by law. …
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Sales - Contributory Negligence - Use As A Defense In Action For Breach Of Implied Warranty, Thomas S. Erickson
Michigan Law Review
Defendant installed an oil burner in plaintiff's apartment building. The burner failed to function properly and exploded two months after installation. There was no evidence that the furnace was repaired subsequent to the explosion. Plaintiff continued to use the furnace for four years until a second explosion caused considerable damage to the building. Upon inspection, the cause of the explosions was found to be a defective system of heating and piping the oil. Plaintiff brought this action for breach of implied warranty to install the furnace in a good and workmanlike manner and recovered consequential damages. On appeal, held, …
Taxation - Federal Income Tax - Damages For Injury To Business As Return Of Capital Or Income, Eric Bergsten S.Ed.
Taxation - Federal Income Tax - Damages For Injury To Business As Return Of Capital Or Income, Eric Bergsten S.Ed.
Michigan Law Review
The taxpayers, owners of two movie theatres, recovered $36,000 in a compromise settlement of a Clayton Act suit against the major distributors and exhibitors. The taxpayers claimed that the amount received was a return of capital. The Commissioner claimed the amount received represented the recovery of lost profits. Held, Commissioner upheld. The evidence presented did not warrant a finding that any part of the sum recovered represented a return of capital. Chalmers Cullins, 24 T.C. 322 (1955).
Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.
Torts - Child's Right To Recover For Alienation Of Parent's Affection, Marvin O. Young S.Ed.
Michigan Law Review
Plaintiff's parents were divorced in 1934 when plaintiff was five years old. Custody of plaintiff was awarded to her mother, but plaintiff alleged that she received "usual paternal love, affection, maintenance, and support" from her father until 1941, when plaintiff's father took defendant as his mistress, keeping her until his death in 1952. Plaintiff brought this action for damages on the theory that defendant alienated the affections of her father, thereby depriving plaintiff of fatherly affection, guidance and support. Defendant's demurrer was overruled by the trial court. On appeal, held, reversed. In the absence of a statute, a child …